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Flashcards in 1) Law in Society Deck (40):
1

Define: bill

-proposed law

2

Define: Concurrent powers

-law making powers shared by Commonwealth & state gpvernments

3

Define: Delegated legislation

-laws made by subordinate authorities

4

Define: enabling act

Act giving subordinate authorities the power to make laws

5

Define: Exclusive powers

Law-making power of Commonwealth gov. that can only be exercised by them

6

Define: Executive council

body of governor general & senior ministers, who's task is to pass delegated legislation

7

Define: law

a legal rule

8

Define: Legislation

act of parliament

9

Define: Statute

act of parliament

10

Define: residual powers

law making powers left with state

11

Define: Sue

start civil proceeding against another person

12

Difference between: legal & non-legal rules

Legal_ made by law-making bodies & enforced through courts
Non-legal_ made by private individuals/groups & not enforced by courts

13

Aim for law:

-protect society & keep it functioning
-guidelines for acceptable behaviour
-prevent conflict
-outline how disputes are resolved

14

Characteristics: EFFECTIVE LAW

-known to public
-acceptable by community
-able to be enforced
-able to be changed
-stable

15

Types of Laws

-criminal & civil
-laws made by parliament
-laws made by subordinate authorities
-laws made by courts

16

Criminal law:

-criminal act against society
-aims to apprehend, prosecute & punish those who break laws
-deters others from breaking laws

17

Types of Criminal laws:

*crimes against;
-person
-property
-state
-morality
-legal system

18

Common words in criminal cases_

-prosecution, crown, state
-accused, offender
-suspect
-guilty/not guilty
-charge
-sentence
-conviction

19

Civil law:

-aims to return the person whose rights were infringed
-done through civil remedies [compensation for loss]

20

Types of Civil laws:

-tort law
-family law
-property law
-industrial/workplace law
-consumer law

21

Consequences: civil & criminal

-some incidents result in civil & criminal cases
-found guilty=punished under criminal law
-ordered to pay compensation to victim under civil law

22

Constitutional Monarchy:

-Commonwealth & State parliaments; operate within rules established in constitution
-constitution_ legal doc. outlining basic rules of gov. & law making powers

-Queen of England_ head of state
-governor general [federal]; governor [state]

23

Sources of Law

-law made by Parliament= legislature/statute
-federal & states have own law making powers [some shared]

*law making power:
_subordinate authorities~ law= delegated legislation
_courts~ law= precedent (common law)

*parliaments can pass legislation to override precedent

24

Levels of law-making bodies:

-Commonwealth Parliament
-State & Territory Parliament
-Local councils

25

Characteristics of Parliaments

-based on Westminster system
-bicameral~ two houses of parliament {except Queensland}

26

Parliament:

-elected members= parliamentarians
-chosen from electorate (members of parliament)
-belong to political party
-no party= independents
-parties join together= coalition

27

Government:

-winning party with majority= Government
-Prime Minister= leader (fed)
-Premier= leader (state)
-Cabinet= PM and senior ministers (discuss proposed laws)

28

Opposition:

-next largest party

29

Commonwealth Parliaments:

-House of Reps.~ lower house
-Senate~ upper house
-Governor General
-areas of law-making; immigration, taxation, employment

30

House of Representatives

-government forms here
-no majority= hung parliament
-government for three years
-elected from electoral division
-150 members

31

Senate

-elected for six years
-half senate every three years
-house of review
-76 senator

32

Victorian Parliament

-lower house_ legislative assembly
-upper house_ legislative council
-governor
-law making~ roads, schools, local councils

33

Define: Bicameral

-two houses of parliament
-upper house & lower house

34

Legislative Assembly

-lower house (forms government)
-four years term
-88 members

35

Influencing CHANGES in Law

-contact media
-organise petition
-involve in demonstration

36

Law-making through Parliament

-first reading
-second reading
-consideration in detail
-third reading
-bill passed in first house
-same procedure in second house
-bill passed in second house
-royal assent
-proclamation
-bill becomes law

37

Law-making by Subordinate Authorities

-given authority through enabling act
-laws made= delegated legislation (local laws)

*can be
-statuary authorities
-government departments
-executive councils
-local councils

38

Statuary Authorities

-investigate & regulate specific issues
-e.g. Australia Post

39

Government Departments

-decide on general policies
-need approval of legislative council
-e.g. Department of Human Services

40

Legislative Council

-can reject or amend bills
-hold seats for four years
-40 members